Perry appeals decision on West

Updated 7:09 am, Wednesday, July 10, 2013

Trees in nearby yards were knocked down at the site of the fire and explosion in West, Texas on April 24 2013.

Trees in nearby yards were knocked down at the site of the fire and explosion in West, Texas on April 24 2013.

Photo: TOM REEL

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Sen. Barbara Boxer, D-Calif., says she won't rest till there are regulations to prevent another such explosion.

Sen. Barbara Boxer, D-Calif., says she won't rest till there are regulations to prevent another such explosion.

Photo: Associated Press

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In this Instagram photo provided by Andy Bartee, a plume of smoke rises from a fertilizer plant fire in West, Texas on Wednesday, April 17, 2013. An explosion at a fertilizer plant near Waco Wednesday night injured dozens of people and sent flames shooting high into the night sky, leaving the factory a smoldering ruin and causing major damage to surrounding buildings. (AP Photo/Andy Bartee) MANDATORY CREDIT: ANDY BARTEE

In this Instagram photo provided by Andy Bartee, a plume of smoke rises from a fertilizer plant fire in West, Texas on Wednesday, April 17, 2013. An explosion at a fertilizer plant near Waco Wednesday night

The smoldering remains, Thursday April 18, 2013, of a fertilizer plant that exploded Wednesday evening in West, Tx.

The smoldering remains, Thursday April 18, 2013, of a fertilizer plant that exploded Wednesday evening in West, Tx.

Photo: Edward A. Ornelas, Edward A. Ornelas/Express-News

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In this Wednesday, April 17, 2013, photo provided by Joe Berti, a plume of smoke rises from a fertilizer plant fire near Waco, Texas. A massive explosion at the West Fertilizer Co. killed as many as 15 people and injured more than 160, officials said Thursday morning. (AP Photo/Joe Berti) less

In this Wednesday, April 17, 2013, photo provided by Joe Berti, a plume of smoke rises from a fertilizer plant fire near Waco, Texas. A massive explosion at the West Fertilizer Co. killed as many as 15 people ... more

Photo: Associated Press

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Little is left to the West Fertilizer plant as seen in an aerial view of the plant on Thursday, April 18, 2013, in West, Texas. A massive explosion at the plant killed as many as 15 people and injured more than 160, officials said overnight. less

Little is left to the West Fertilizer plant as seen in an aerial view of the plant on Thursday, April 18, 2013, in West, Texas. A massive explosion at the plant killed as many as 15 people and injured more ... more

Photo: Smiley N. Pool, Houston Chronicle

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The remains of a home ,Sunday April 21, 2013, after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

The remains of a home ,Sunday April 21, 2013, after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

Photo: Edward A. Ornelas, Express-News

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Scott Tacker (second from left) and his wife Jennifer Tacker get help from Jennifer's brother Will Matus (left) as they retrieve belongings, Sunday April 21, 2013, from their home that was damaged by an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx. less

Scott Tacker (second from left) and his wife Jennifer Tacker get help from Jennifer's brother Will Matus (left) as they retrieve belongings, Sunday April 21, 2013, from their home that was damaged by an ... more

Photo: Edward A. Ornelas, Express-News

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Staff at the West Elementary School put up a mesage made of cups on a fence as students students return to school in a town trying to get back to normalcy, on Monday April 22, 2013.

Staff at the West Elementary School put up a mesage made of cups on a fence as students students return to school in a town trying to get back to normalcy, on Monday April 22, 2013.

Photo: Bob Owen, San Antonio Express-News

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A memorial outside the West Volunteer Fire Department headquarters, Sunday April 21, 2013, after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

A memorial outside the West Volunteer Fire Department headquarters, Sunday April 21, 2013, after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

Photo: Edward A. Ornelas, Express-News

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Charles Mikeska, Assistant Superintendent of West ISD, looks over donations made to the West Elementary School, on Sunday April 21, 2013.

Charles Mikeska, Assistant Superintendent of West ISD, looks over donations made to the West Elementary School, on Sunday April 21, 2013.

Photo: Bob Owen, Express-News

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Pastor John Crowder, right, of First Baptist Church in West, holds service in a field because the church building is too damaged to worship in, on Sunday April 21, 2013. Crowder's house was totally distroyed by the explosion. less

Pastor John Crowder, right, of First Baptist Church in West, holds service in a field because the church building is too damaged to worship in, on Sunday April 21, 2013. Crowder's house was totally distroyed by ... more

Photo: Bob Owen, Express-News

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Bishop Joe S. Vasquez speaks, Sunday April 21, 2013, during a mass at the Church of the Assumption after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

Bishop Joe S. Vasquez speaks, Sunday April 21, 2013, during a mass at the Church of the Assumption after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

Photo: Edward A. Ornelas, Express-News

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An unidentified injured member of the West VFD is over come with emotion during mass at the Church of the Assumption in West, TX on Sunday April 21, 2013.

An unidentified injured member of the West VFD is over come with emotion during mass at the Church of the Assumption in West, TX on Sunday April 21, 2013.

Photo: Bob Owen, San Antonio Express-News

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An unidentified injured member of the West VFD is greeted by a church member as they pass the peace at Church of the Assumption in West, TX on Sunday April 21, 2013.

An unidentified injured member of the West VFD is greeted by a church member as they pass the peace at Church of the Assumption in West, TX on Sunday April 21, 2013.

Photo: Bob Owen, San Antonio Express-News

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Jeff Clark (facing camera) comforts Dustin Matus, Sunday April 21, 2013, after a mass at the Church of the Assumption in West, Tx. Matus' father Jimmy Matus was killed in the explosion at a fertilizer plant that occurred Wednesday evening. less

Jeff Clark (facing camera) comforts Dustin Matus, Sunday April 21, 2013, after a mass at the Church of the Assumption in West, Tx. Matus' father Jimmy Matus was killed in the explosion at a fertilizer plant ... more

Photo: Edward A. Ornelas, San Antonio Express-News

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Bishop Joe S. Vasquez (center) leaves a mass, Sunday April 21, 2013, at the Church of the Assumption after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

Bishop Joe S. Vasquez (center) leaves a mass, Sunday April 21, 2013, at the Church of the Assumption after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

Photo: Edward A. Ornelas, San Antonio Express-News

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An unidentified family attends a worship service of First Baptist Church, whose building is too damaged to worship in, in a field used for parking during West Fest, on Sunday April 21, 2013.

An unidentified family attends a worship service of First Baptist Church, whose building is too damaged to worship in, in a field used for parking during West Fest, on Sunday April 21, 2013.

Photo: Bob Owen, San Antonio Express-News

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Lisa Crowder, right, recieves a hug from Shelly Miller as the two attend an outdoor service held by First Baptist Church in West, whose building is too damaged to hold worship on Sunday April 21, 2013. Crowder and her husband, Pastor John Crowder lost their home to the explosion. less

Lisa Crowder, right, recieves a hug from Shelly Miller as the two attend an outdoor service held by First Baptist Church in West, whose building is too damaged to hold worship on Sunday April 21, 2013. Crowder ... more

Photo: Bob Owen, Express-News

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Students at West Elementary School pet Moses, a trained Comfort Dog from Christ Lutheran Church in Cairo Nebraska. Students returned to school on Monday April 22, 2013 hoping to regain some normalcy in thier lives after West, TX experience a masive explosion last week. less

Students at West Elementary School pet Moses, a trained Comfort Dog from Christ Lutheran Church in Cairo Nebraska. Students returned to school on Monday April 22, 2013 hoping to regain some normalcy in thier ... more

Photo: Bob Owen, San Antonio Express-News

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The smoldering remains, Thursday April 18, 2013, (left) of a fertilizer plant that exploded Wednesday evening in West, Tx.

The smoldering remains, Thursday April 18, 2013, (left) of a fertilizer plant that exploded Wednesday evening in West, Tx.

Photo: Edward A. Ornelas, Edward A. Ornelas/Express-News

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This aerial photo shows a local school, at rear, and an apartment complex, at middle right, near a fertilizer plant explosion site Thursday, April 18, 2013, in Near West, Texas. A massive explosion at the West Fertilizer Co. killed as many as 15 people and injured more than 160, officials said overnight. The explosion that struck around 8 p.m. Wednesday, sent flames shooting into the night sky and rained burning embers and debris down on shocked and frightened residents. (AP Photo/Tony Gutierrez) less

This aerial photo shows a local school, at rear, and an apartment complex, at middle right, near a fertilizer plant explosion site Thursday, April 18, 2013, in Near West, Texas. A massive explosion at the West ... more

Photo: Tony Gutierrez, Associated Press

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Members of West Volunteer Fire Department depart St. Mary's Catholic Church of the Assumption after a service honoring the department's fallen firefighters in West, Texas on Friday, Apr. 19, 2013. Five of the department's firefighters lost their lives in the West Fertilizer explosion on Wednesday. less

Members of West Volunteer Fire Department depart St. Mary's Catholic Church of the Assumption after a service honoring the department's fallen firefighters in West, Texas on Friday, Apr. 19, 2013. Five of the ... more

Photo: Kin Man Hui, San Antonio Express-News

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Members of West Volunteer Fire Department leave St. Mary's Catholic Church of the Assumption after a service honoring the department's fallen firefighters in West, Texas on Friday, Apr. 19, 2013. Five of the department's firefighters lost their lives in the West Fertilizer explosion on Wednesday. less

Members of West Volunteer Fire Department leave St. Mary's Catholic Church of the Assumption after a service honoring the department's fallen firefighters in West, Texas on Friday, Apr. 19, 2013. Five of the ... more

Photo: Kin Man Hui, San Antonio Express-News

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A ladder truck with flowers and a black ribbon outside the West Volunteer Fire Department headquarters, Sunday April 21, 2013, after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx. The majority of those that died in the explosion were first responders. less

A ladder truck with flowers and a black ribbon outside the West Volunteer Fire Department headquarters, Sunday April 21, 2013, after an explosion at a fertilizer plant that occurred Wednesday evening in West, ... more

Photo: Edward A. Ornelas, Express-News

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This 2012 photo provided by the Uptmor family shows Buck Uptmor and his wife Arcey. Buck Uptmor was killed in the West, Texas fertilizer plant explosion. The massive explosion Wednesday night killed as many as 15 people and injured more than 160. (AP Photo/Uptmor Family) less

This 2012 photo provided by the Uptmor family shows Buck Uptmor and his wife Arcey. Buck Uptmor was killed in the West, Texas fertilizer plant explosion. The massive explosion Wednesday night killed as many as ... more

Photo: Associated Press

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Crane operators remove large sheets of metal at the site of the explosion in West, TX on Sunday April 21, 2013.

Crane operators remove large sheets of metal at the site of the explosion in West, TX on Sunday April 21, 2013.

Photo: Bob Owen, Express-News

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Tamisha Boles, 26, gathers clothes, Sunday April 21, 2013, for her daughter McKayla, 7-months, from her home that was damaged by an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

Tamisha Boles, 26, gathers clothes, Sunday April 21, 2013, for her daughter McKayla, 7-months, from her home that was damaged by an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx.

Photo: Edward A. Ornelas, Express-News

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Union Pacific Railroad workers repair sections of rail that was damaged located next to the site of the explosion in West, TX, on Sunday April 21, 2013.

Union Pacific Railroad workers repair sections of rail that was damaged located next to the site of the explosion in West, TX, on Sunday April 21, 2013.

Photo: Bob Owen, Express-News

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Robert Boles, 35, picks up a high chair, Sunday April 21, 2013, after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx. shattered windows in his home.

Robert Boles, 35, picks up a high chair, Sunday April 21, 2013, after an explosion at a fertilizer plant that occurred Wednesday evening in West, Tx. shattered windows in his home.

Photo: Edward A. Ornelas, San Antonio Express-News

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A mesage written on the dust covered window of a vehicle parked in front of the West Elementary School on Sunday, April 21, 2013.

A mesage written on the dust covered window of a vehicle parked in front of the West Elementary School on Sunday, April 21, 2013.